The Non-automatic Weighing Instruments Regulations 2016

CHAPTER 2U.K.OBLIGATIONS OF IMPORTERS

IntroductoryE+W+S

15.  This Chapter applies to the placing on the market of a regulated non-automatic weighing instrument that is imported into the United Kingdom from a country outside the [F1United Kingdom].

IntroductoryN.I.

15.  This Chapter applies to the placing on the market of a regulated non-automatic weighing instrument that is imported into [F10Northern Ireland] from a country outside the [F11relevant market].

Ensuring compliance of regulated non-automatic weighing instrumentsE+W+S

16.—(1) An importer must only place compliant regulated non-automatic weighing instruments on the market.

(2) An importer must ensure that—

(a)the appropriate conformity assessment procedure has been carried out by the manufacturer of the regulated non-automatic weighing instrument (or by the importer where the importer is to be regarded as the manufacturer by virtue of regulation 5(2);

(b)the manufacturer has drawn up the technical documentation (or that the importer has done so where the importer is treated as the manufacturer by virtue of regulation 5(2);

(c)the regulated non-automatic weighing instrument bears the [F2UK] marking and the M marking;

(d)the manufacturer (or the importer where he is treated as the manufacturer under regulation 5(2)) has complied with the requirements of regulations 9 (manufacturers' obligations in relation to the marking of regulated non-automatic weighing instruments with serial numbers etc.) and 10 (manufacturers to mark contact details on regulated non-automatic weighing instruments).

Ensuring compliance of regulated non-automatic weighing instrumentsN.I.

16.—(1) An importer must only place compliant regulated non-automatic weighing instruments on the market.

(2) An importer must ensure that—

(a)the appropriate conformity assessment procedure has been carried out by the manufacturer of the regulated non-automatic weighing instrument (or by the importer where the importer is to be regarded as the manufacturer by virtue of regulation 5(2);

(b)the manufacturer has drawn up the technical documentation (or that the importer has done so where the importer is treated as the manufacturer by virtue of regulation 5(2);

(c)the regulated non-automatic weighing instrument bears the CE marking and the M marking;

(d)the manufacturer (or the importer where he is treated as the manufacturer under regulation 5(2)) has complied with the requirements of regulations 9 (manufacturers' obligations in relation to the marking of regulated non-automatic weighing instruments with serial numbers etc.) and 10 (manufacturers to mark contact details on regulated non-automatic weighing instruments).

Importers duty to notify manufacturer and market surveillance authorities of non-compliant regulated non-automatic weighing instruments that present a riskU.K.

17.  Where an importer considers, or has reason to believe, that the regulated non-automatic weighing instrument is not in conformity with the essential requirements and presents a risk, the importer must inform the manufacturer and the market surveillance authority.

Requirements to mark importers' details on regulated non-automatic weighing instrumentsE+W+S

18.—(1) An importer must indicate on any regulated non-automatic weighing instrument imported by that importer, the importer's name, registered trade name or trademark, and the postal address at which the importer can be contacted.

[F3(2) Paragraph (1) does not apply where—

(a)either—

(i)the importer would have to open the packaging in order to indicate the information on the instrument; or

(ii)the importer has imported the instrument from an EEA state or Switzerland and places it on the market within the period of [F4seven years] beginning with IP completion day, and

(b)before placing the instrument on the market, the importer sets out the information referred to in paragraph (1)—

(i)where sub-paragraph (a)(i) applies, on the packaging and in a document accompanying the instrument;

(ii)where sub-paragraph (a)(ii) applies, in a document accompanying the instrument.]

(3) The contact details required by this regulation must be [F5clear, legible and in easily understandable] English.

Requirements to mark importers' details on regulated non-automatic weighing instrumentsN.I.

18.—(1) An importer must indicate on any regulated non-automatic weighing instrument imported by that importer, the importer's name, registered trade name or trademark, and the postal address at which the importer can be contacted.

(2) Where this would require the packaging to be opened, those indications may be given on the packaging and in a document accompanying the instrument.

(3) The contact details required by this regulation must be in a language that is easily understood by end-users and market surveillance authorities, and in the case of regulated non-automatic weighing instruments made available in [F12Northern Ireland], they must be in English.

Importers' duty to ensure that regulated non-automatic weighing instruments are accompanied by relevant documentation.E+W+S

19.—(1) An importer must ensure that regulated non-automatic weighing instruments imported by the importer are accompanied by instructions and information [F6which are clear, legible and in easily understandable English].

F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Importers' duty to ensure that regulated non-automatic weighing instruments are accompanied by relevant documentation.N.I.

19.—(1) An importer must ensure that regulated non-automatic weighing instruments imported by the importer are accompanied by instructions and information in a language easily understood by end users

(2) Where end users are in [F13Northern Ireland], the instructions and information referred to in paragraph (1) must be in English.

Duty of importers to ensure proper conditions of storage and transportU.K.

20.  An importer must, in respect of regulated non-automatic weighing instruments under the importer's responsibility, ensure that the conditions of their storage or transport are not such as to jeopardise their continuing compliance with the essential requirements.

Duties of importers with regard to monitoring etc.U.K.

21.—(1) When deemed appropriate with regard to the performance of a regulated non-automatic weighing instrument imported by an importer, the importer must—

(a)carry out a sample testing of regulated non-automatic weighing instruments made available on the market by the importer;

(b)investigate complaints about regulated non-automatic weighing instruments imported by them; and

(c)if necessary, keep a register of—

(i)such complaints;

(ii)non-conforming regulated non-automatic weighing instruments;

(iii)regulated non-automatic weighing instrument recalls; and

(d)where the importer is not also the distributor of the regulated non-automatic weighing instrument, keep distributors, to whom he has supplied an instrument, informed of any monitoring undertaken by that importer.

Action to be taken by importers where regulated non-automatic weighing instruments placed on the market by them are not in conformity with essential requirementsU.K.

22.—(1) This regulation applies where an importer considers, or has reason to believe, that a regulated non-automatic weighing instrument placed on the market by the importer is not in conformity with the requirements of these Regulations.

(2) Where this regulation applies, the importer must immediately take the corrective measures necessary to bring the regulated non-automatic weighing instrument into conformity, or withdraw or recall it, if appropriate.

(3) Where the non-automatic weighing instrument presents a risk, the importer must immediately inform the competent authority to that effect, giving details, in particular, of the non-compliance of the instrument and of the corrective measures taken by that importer.

Requirement for importer to keep copy of [F8EU] declaration of conformityU.K.

23.  The importer must, for a period of 10 years beginning with the day after the day on which the regulated non-automatic weighing instrument is placed on the market, keep a copy of the [F9EU] declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities upon request.

Provision of information to a competent authorityU.K.

24.—(1) The importer must, further to a reasoned request from a competent authority, provide the competent authority with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the regulated non-automatic weighing instrument with the requirements of these Regulations.

(2) Information and documentation supplied to a competent authority pursuant to this regulation must be supplied in English.

(3) An importer must co-operate with a competent authority, at its request, as regards any action to eliminate the risks posed by any regulated non-automatic weighing instrument that the importer has placed on the market.